Vote Result

Yea Votes

Nay Votes

Vote to pass a bill that creates a military commission to try unlawful enemy combatants for violations of the laws of war and establishes rules for the conduct of these commissions.

Highlights:

Creates a military commission to try any offense committed by an "unlawful enemy combatant," which is defined as a non-US citizen who "purposefully and materially supported hostilities against the U.S. or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces)" and is not affiliated with any legal army, militia, or government organization (Sec. 3).

Allows classified information to be used as evidence and prohibits the disclosure of classified information in the trials if it would be detrimental to national security (Sec. 3).

Allows evidence seized without a search warrant or other authorization to be used during the trial (Sec. 3).

Allows hearsay evidence as long as the adverse party is informed of it with sufficient time to produce evidence (Sec. 3).

Includes the following crimes committed by unlawful enemy combatants as "triable" by the military commissions: terrorism, attacking civilians or protected property, rape, intentionally mistreating a dead body, sexual assault or abuse, taking hostages, torture, murder in violation of the law of war, spying, and wrongfully aiding the enemy (Sec. 3).

Prohibits the use of statements obtained through torture in trial, except when the statement was received prior to the enactment of the Detainee Treatment Act of 2005 and a judge deems it admissible, or the confession was received using methods not defined as torture under the Detainee Treatment Act (Sec. 3).

States that no court has jurisdiction to consider an application of habeas corpus from any alien detainee (Secs. 3, 7).

Prohibits an enemy combatant from invoking the Geneva Convention (including the writ of habeas corpus) as a source of their rights (Sec. 5).

States that the President has the right to interpret and apply the Geneva Convention (Sec. 6).

Legislation -
Bill Passed
(Senate)
(65-34) -
Sept. 28, 2006(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote to pass a bill that creates a military commission to try unlawful enemy combatants for violations of the laws of war and establishes rules for the conduct of these commissions.

Highlights:

Creates a military commission to try any offense committed by an "unlawful enemy combatant," which is defined as a non-US citizen who "purposefully and materially supported hostilities against the U.S. or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces)" and is not affiliated with any legal army, militia, or government organization (Sec. 3).

Allows classified information to be used as evidence and prohibits the disclosure of classified information in the trials if it would be detrimental to national security (Sec. 3).

Allows evidence seized without a search warrant or other authorization to be used during the trial (Sec. 3).

Allows hearsay evidence as long as the adverse party is informed of it with sufficient time to produce evidence (Sec. 3).

Includes the following crimes committed by unlawful enemy combatants as "triable" by the military commissions: terrorism, attacking civilians or protected property, rape, intentionally mistreating a dead body, sexual assault or abuse, taking hostages, torture, murder in violation of the law of war, spying, and wrongfully aiding the enemy (Sec. 3).

Prohibits the use of statements obtained through torture in trial, except when the statement was received prior to the enactment of the Detainee Treatment Act of 2005 and a judge deems it admissible, or the confession was received using methods not defined as torture under the Detainee Treatment Act (Sec. 3).

States that no court has jurisdiction to consider an application of habeas corpus from any alien detainee (Secs. 3, 7).

Prohibits an enemy combatant from invoking the Geneva Convention (including the writ of habeas corpus) as a source of their rights (Sec. 5).

States that the President has the right to interpret and apply the Geneva Convention (Sec. 6).